Howard Lewis Beach v. Superior Court

California Court of Appeal Oct 6, 1970 No. Civ. 10320Published

Before: Brown (Gerald)

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Holding. The court held that evidence seized from the petitioners' bedroom and closet must be suppressed because the co-occupant's consent to search the apartment did not extend to the petitioners' private bedroom. However, the court denied the petition to prohibit trial, finding sufficient remaining evidence to support the charges.

Issues

Whether a co-occupant's general consent to search an apartment extends to the private bedroom of other residents.
Whether officers were required to provide Miranda warnings before requesting consent to search.
Whether sufficient evidence remained to proceed to trial after suppressing the illegally seized items.

Disposition. Granted in part, denied in part.

Quotations verified verbatim against the opinion

“The illegality lies in the search of the Beach brothers’ bedroom and personal property when the officers knew it was their bedroom. Mrs. Nichols’ authority to consent to search did not extend to the bedroom.”

“The police could not reasonably believe Mrs. Nichols had authority to permit a search of the room and personal property of third persons.”

“Sufficient evidence remains, however, to warrant the brothers’ commitment for trial.”

Opinion

BROWN (Gerald), P. J.

The Beach brothers, Howard and John, charged with possessing marijuana (Health & Saf. Code, § 11530), possessing marijuana for sale (Health & Saf. Code, § 11530.5), and possessing restricted dangerous drugs (Health & Saf. Code, § 11910), are entitled to a writ of mandate requiring the superior court to suppress evidence illegally found by officers in their closet and bedroom. Their petition for writ to prohibit the trial should be denied, there being sufficient admissible evidence, seized elsewhere, to proceed to trial.

The preliminary hearing transcript shows on April 30, 1969, an anonymous informant telephoned Escondido Police Officer William Cecil saying a large quantity of narcotics was at a Tulip Street address. Officers Cecil, Brown and Jackson went to the address, an apartment, to investigate. Officer Brown knocked and identified himself to Mrs. Nichols who invited the officers into the apartment. They entered the front entry-way. Mrs. Nichols said she lived in the apartment with her brothers Howard and John Beach and Gail Gaskins.

Officer Brown told her the police had received information concerning narcotics in the apartment, and asked if he and the other officers could look around. Mrs. Nichols said they could look anywhere they wanted.

The officers and Mrs. Nichols then went into a bedroom which she explained was used by her two brothers and Gail Gaskins. Through the partially open closet door, Officer Brown saw a large paper bag on a shelf, took it down, looked in and found 17 packages of marijuana. A grey metal box revealed numerous personal papers of John and Howard Beach. In a nightstand, the officers found a white box containing a hypodermic needle and syringe, cotton and two spoons. Dark green vegetable debris was on one spoon.

The officers then searched other areas of the apartment, finding green

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vegetable material, smoking paraphernalia and pills containing LSD in the kitchen and living room.

The morning after the search, Officer Brown saw Howard and John Beach at the Escondido Police Department, advised them their

Miranda

Howard Lewis Beach v. Superior Court

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